Stephen Masciocchi and Jessica Smith Tenth Circuit Confirms Extremely Limited Federal Appellate Review for Remand Orders
The Tenth Circuit joined the majority of circuit courts that have addressed the "except" clause in 28 U.S.C. §1447(d).
September 01, 2020 at 10:00 AM
8 minute read
In Board of County Commissioners of Boulder County v. Suncor Energy (U.S.A.), No. 19-1330, 2020 WL 3777996 (10th Cir. July 7, 2020), the Tenth Circuit joined the majority of circuit courts that have addressed the "except" clause in 28 U.S.C. §1447(d). The appellate court confirmed that an appeal of a district court's remand order under U.S.C. §1447(d) is limited to removal issues under 28 U.S.C. §1442 and §1443, not plenary review of all issues addressed in the remand order.
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